Landlord sued w/o a chance to defend and it was all lies
I recently moved out of an appartment gave my notice and left because there was no heat and it was winter I had to leave, since the landlord would not fix the heat I was unable to stay in the appt the last month so I moved out early. Well that was in Jan. I recieved notice that he had a lawyer and was suing for 11 months rent of which I have every canceled check for proving payment. Long story short today after, I have already provided his lawyer with all proof of payment and her admitting that I paid every month when we talked on the phone weeks ago, I receive two letters in the mail, one saying that they sued us in court without our knowledge of the court date and we lost, for all 11 months rent that I had provided the canceled checks for and she admitted receiving. And a 2nd letter from my bank that they have froze my bank account because of this judgment. Now I am trying to find my own layer because this is bullshit and IMO I should be able to recieve more then a reversed judgment and the lawyer that knowingly filed false information should have some consequences as well.
After my rant lol. I was wondering if anyone is familiar with NY and if it is illegal to file a lawsuit compiled of complete lies and knowingly persue the action in court? The only accurate thing in the ENTIRE lawsuit is that one month of rent fro dec. that I didn't pay because I was forced to move out bc of no heat and several other major problems. So out of a $6,000+ judgement I guess 575 could be considered owed depending on the law, but on top of all this he has $800 in security of ours. The Judgment was through arbitration it said which I know is binding but if it is total lies and I was notified of court and given a chance to defend I should be able to oppose, right?
Anyone with any experience your help and info would be GREATLY appreciated and are in dire need.
Thanks
Landlord sued w/o a chance to defend and it was all lies
Not familiar with the NY laws Here in Washington they have to serve you with the papers by a certified courier or a police officer in order to sue.Its a shitter because now they've probably forced you into a position where you will have to get an attorney to fight them.
Landlord sued w/o a chance to defend and it was all lies
I was served with one set of papers to show that a lawyer was hired and that a lawsuit would be pursued if I didn't contact them in 30 days and I did. I gave them proof of payment and everything was told it was set and then bam this so it sucks.
And youre right I am forced to higher a lawyer now if my last resort doesn't work. My last resort is thursday tommorow I have a pretty weak lawyer, but he's cheap, and I just paid him to draw up papers on pretty much everything she has done wrong and what our course of action will be(of course I'll hire a better lawyer for the rest) and my hope is that since she is a new hire as a lawyer at the law firm, and me and my father know the original partners of the law firm, we have them on a retainer for all of our weekly rentals, that because of such a huge client loss, as my father will find a new law firm, and the fact that the lawyer handling this case bomb so many things that if not illegal are definately unethical that we can figure something out to avoid it costing me more money and them a lot of stuff.
And after everything is said and done I will try my best to pursue reporting her actions to the nys bar association even if it is a futile attempt it will still put some pressure on her like she has done to me and my family.
Sorry for the ranting but you know it really pisses you off when there is nothing imediate you can do when your bank account is frozen on top of everything else and I didn't do anything wrong.
Any more help or advice is greatly appreciated. Thanks killerweed
Landlord sued w/o a chance to defend and it was all lies
Yep its bullshit when they start attaching liens to property.Usally if you can show reasonable cause to a judge he'll remove the liens till everything is sorted out. As far as contacting the bar association, Id do it but I doubt it will do much good.Lawyers policing lawyers doesn't work. Just like cops policing cops or doctors policing doctors or an even worse annology. The Better Business Bureau. What an oxymoron that is.